Mosley+v.+PORTLAND+SCHOOL+DIST

Posted by: Hannah Dyal

 Chrisetta Renese MOSLEY, a minor child by her guardian ad litem Lodie Marie Dunn, Respondent on Review, v. PORTLAND SCHOOL DISTRICT NO. 1J, Petitioner on Review, Nathan Jones, Wanda Griffin, and Margaret Curtis, Defendants.  Supreme Court of Oregon, In Banc.  Argued and Submitted January 13, 1992.  Decided December 24, 1992 

Background:

Chrisetta Mosley was injured by a knife during a fight at lunch. She then sued her school district for failing to protect her and her security while at school. The case was argued in trial court and was ruled in favor of the defendant.

Decision and Rationale:

The Supreme Court of Oregon upheld the decision of trial court on the grounds that the plaintiff was not immune from liability. She was involved in a fight that resulted in her injury and is responsible for her actions.

Impact on Teaching:

This judgment ensures teachers that they are not responsible for every single action of their students while they are at school. As in //Hutchison v. Toews//, students have to take personal responsibility for their actions when they are at school. Although they are supervised, students still make choices beyond an educator’s control.

Question:

When at school, teachers are/are not liable for every action of their students. --

Randall McCarty  <span style="display: block; line-height: normal; margin: 0in 0in 0pt 1.5pt; mso-outline-level: 2; text-align: center;"><span style="display: block; font-family: 'Times New Roman',serif; font-size: 12pt; text-align: center;">Mosley v. PORTLAND SCHOOL DIST NO. 1J, 843 P. 2d 415 <span style="background: white; display: block; line-height: normal; margin: 0in 0in 0pt; text-align: center;"><span style="display: block; font-family: 'Times New Roman',serif; font-size: 12pt; text-align: center;">Supreme Court of Oregon, In Banc. <span style="background: white; display: block; line-height: normal; margin: 0in 0in 0pt; text-align: center;"><span style="display: block; font-family: 'Times New Roman',serif; font-size: 12pt; text-align: center;">Argued and Submitted January 13, 1992. <span style="background: white; display: block; line-height: normal; margin: 0in 0in 0pt; text-align: center;"><span style="display: block; font-family: 'Times New Roman',serif; font-size: 12pt; text-align: center;">Decided December 24, 1992. **<span style="font-family: 'Times New Roman',serif; font-size: 12pt; line-height: 115%;">Background ** <span style="font-family: 'Times New Roman',serif; font-size: 12pt; line-height: 115%; margin: 0in 0in 0pt;">In November of 1987 Chrisetta Mosley was injured in a physical altercation at a Portland high school. During the fight Mosley was cut with a knife by another student. Mosley then took action against the school district citing negligence on their part. The areas of negligence included lack of proper supervision, improper security and insufficient security personnel, failing to prevent weapons from entering the school, and failing to stop the attack before the knife was used. However, the school district asserted immunity under the Oregon Tort Claims Act.

**<span style="font-family: 'Times New Roman',serif; font-size: 12pt; line-height: 115%;">Decision and Rationale ** <span style="font-family: 'Times New Roman',serif; font-size: 12pt; line-height: 115%; margin: 0in 0in 0pt;">A jury returned a verdict stating the school district was not at fault for negligence; however a trial court entered judgment for the school district. The Court of Appeals affirmed in part, reversed in part, and remanded the case for a new trial. The plaintiff appealed arguing the immunity of the district under the Oregon Tort Claims Act was an issue of the court and not a jury, but as a matter of law the defendant was indeed immune. All four areas cited earlier were considered in the case but basically negated.

**<span style="font-family: 'Times New Roman',serif; font-size: 12pt; line-height: 115%;">Implications ** <span style="font-family: 'Times New Roman',serif; font-size: 12pt; line-height: 115%; margin: 0in 0in 0pt;">Unfortunately, fights do happen on school grounds and someone is always at fault. It is the teacher’s responsibility to make sure any tense situations are diffused as quickly as possible so they are not held accountable in any way for the outcome of such confrontations. Teachers should model in their classrooms an environment that promotes peaceful disagreements and positive conflict resolution. Safety of the students is a high priority which demands proper and sufficient means of insuring that safety at all times while students are on school grounds

Question: Should teachers/school districts be held accountable for injuries that students suffer while in a physical confrontation? Explain.